AB 355 — Establishing provisions governing the retention of certain workers. (BDR 52-967)

(Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT A.B.

providingrequiring that certain grocery employeesstores haveto aprovide causewritten notice of actiona forchange recoveryin ifcontrol certainof the grocery employersstore violateto thecertain provisionsgrocery ofworkers; this act;

Section 10and, furtherif requiressuch theoffers successorare groceryaccepted employerby to hire eligible grocery workersworkers, successorhire grocery employer to retain those eligible grocery workers forfrom athis 90-dayeslist the period, during whicha time60-day antransition employeeperiod. may only be discharged for cause.

Section 11 further requires, upon the close of this 90-daybill period,requires the successor grocery employer to considerretain offeringthose continuedeligible employmentgrocery toworkers thefor eligiblea grocery60-day workersperiod, retainedduring forwhich thetime 90-dayan period.employee may only be discharged for cause.

Section 11 further requires, upon the close of this 60-day period, the successor grocery employer to consider offering continued employment to the eligible groSection 12 of this bill requires an incumbent grocery employer to post public notice of the change in control at the location of the affected grocery store within 5 business days after the execution of the transfer document for the change in control.

Section 12 additionally requires suchan aincumbent grocery employer to provide written notice of the change in control to all eligible grocery workers within 10 business to satisfy certain requirements.requirements.transfer document.

Section 1312 ofrequires thissuch billnotices provides- that*AB355_R1* an– eligible2 grocery– workerSection shall14 haveof athis causebill ofprovides actionthat forthe recoveryprovisions againstof anthis incumbentbill ormay successorbe grocerysuperseded employerby for a violationcollective ofbargaining thisagreement. bill.

Section 13 further specifies the award an eligible grocery worker may recover under such a cause of action.

- *AB355* – 2 – Section 14 of this bill provides that the provisions of this bill may be superseded by a collective bargaining agreement.

Section 16 of this bill clarifies that the provisions of this bill do not limit the right of an eligible grocery worker to bring legal action for wrongfulbreach termination.of contract.

or - *AB355**AB355_R1* – 3 – (2) Any person who controls the incumbent grocery employer.

“Successor grocery employer” means the person that owns, controls or operates a grocery store afterwithin 3 months of the change in control of the grocery store.

- *AB355**AB355_R1* – 4 – (a) Maintain a preferential hiring list of eligible grocery workers who have been identified by the incumbent grocery employer pursuant to subsection 1;

and (b) HireExtend offers of employment and, if such offers are accepted by eligible grocery workers, hire eligible grocery workers from that list for a period beginning upon the execution of the transfer document and continuing for 9060 days after the grocery store is fully operational and open to the public under the successor grocery employer.

If the successor grocery employer extends an offer of employment to an eligible grocery worker pursuant to sections 2 to 17, inclusive, of this act, the successor grocery employer shall retain written verification of that offer for at least 31 yearsyear after the date of the offer.

A successor grocery employer shall retain each eligible grocery worker hired pursuant to sections 2 to 17, inclusive, of this act for at least 9060 days after the employment commencement date of the eligible grocery worker.

During this 90-day60-day transition employment period, eligible grocery workers who are retained must be employed:employed under the terms and conditions est2.liIf, within the period established in paragraph (b) of subsection 2 of section 10 of this act, the successor grocery than were required by the incumbent grocery employer, thery workers successor grocery employer shall retain eligible grocery workers by seniority within each job classification to the extent that comparable job classifications exist.

(a)The Undersuccessor thegrocery termsemployer andshall conditionsretain establishednonclassified eligible grocery workers by theseniority successorand groceryaccording employer;to experience.

and agreement, if any.

the terms of a relevant collective bargaining 2.

If, within the period established in paragraph (b) of employer determines that it requires fewer eligible grocery workers than were required by the incumbent grocery employer, the successor grocery employer shall retain eligible grocery workers by seniority within each job classification to the extent that comparable job classifications exist or pursuant to the terms of a relevant collective bargaining agreement, if any.

The successor grocery employer shall retain nonclassified eligible grocery workers:

(a) By seniority and according to experience;

or (b) Pursuant to the terms of a relevant collective bargaining agreement, if any.

During the 90-day60-day transition employment period established pursuant to subsection 1, the successor grocery employer shall not discharge without cause an eligible grocery worker retained pursuant to sections 2 to 17, inclusive, of this act.

At the end of the 90-day60-day transition employment period established pursuant to subsection 1, the successor grocery employer shall make a written performance evaluation for each - *AB355* – 5 – eligible grocery worker retained pursuant to sections 2 to 17, inclusive, of this act.

If the performance of the eligible grocery worker during the 90-day60-day transition employment period is satisfactory, the successor grocery employer shall consider offering the eligible grocery worker continued employment under - *AB355_R1* – 5 – the terms and conditions established by the successor grocery employer and as required by law.

The successor grocery employer shall retain a record of the written performance evaluation for at least 31 years.year.

required3. pursuant to subsection 1 in a conspicuous place at the grocery store in a manner to be readily viewed by:

The incumbent grocery employer shall post the notice required pursuant to subsection 1 in a conspicuous place at the grocery store in a manner to be readily viewed by:

(a) Eligible grocery workers and other employees;

andryand workers4.) andThe otherincumbent employees;grocery employer shall provide written notice of the change in control to all eligible grocery workers document.

(c)Such Membersnotice ofmust include, without limitation, the public.information required pursuant to subsection 2.

1.(Deleted by amendment.) Sec.

An eligible grocery worker shall have a cause of action for recovery against the incumbent grocery employer or the successor grocery employer for a violation of any provision of sections 2 to 17, inclusive, of this act and may recover any of the following:

(a) Hiring and reinstatement rights pursuant to sections 2 to 17, inclusive, of this act.

The 90-day transition employment period established pursuant to section 11 of this act must not commence until the employment commencement date of the eligible grocery worker.

(b) Front pay or back pay for each day during which the violation continues.

Such front pay or back pay must be calculated at a rate of compensation not less than the higher of:

(1) The average regular rate of pay that the eligible grocery worker received during the last 3 years of the eligible grocery - *AB355* – 6 – worker’s employment in the same employment occupation classification;